Catts v. Phillips

One phase of the present controversy was presented on a former appeal. Phillips v. Catts, 206 Ala. 594, 91 So. 579. After the remandment of the ease on that appeal, the case was transferred to the law docket, and the plaintiff, appellant here, filed a complaint containing counts for breach of contract and the common counts to recover the amount alleged to have accrued under 'the contract prior to the filing of the original bill.

And on the 23d day of February, 1922, the .appellant filed another suit of like character, claiming damages for the breach of the same contract, joining therein the…